♪ ♪ ♪ imus in the morning ♪ >> oh, who gets the blame when

the mighty start falling? we're talking about apple and the biggest selloff in years. good morning, everyone. 35 billion wiped off apple's value in one day. two reasons, the iphone slips in china, got it, but investors are taking their profit now because they don't want to pay the president's higher stock profit tax next year, big deal. the president has now drawn two lines in the sand. no to a debt ceiling, he wants a blank check and he's not backing off and yes on tax rate hikes, no compromise from the white house. wait until you hear the latest from ed asner. he voiced the teacher union cartoon where the rich urinate on the poor. who does he want to urinate on now? watch out, everybody, "varney & company" about to begin. ride . she knows the potential for makingr losing money can pop up anytime. that's why she trades with the leader in mobile trading.

so she's always ready to take action, no matter how wily... or weird... or wonderfully the market's behaving... which isn't rocket science. it's just common sense. from td ameritrade. well, having a ton of locations doesn't hurt. and a santa to ot! [ chuckles ] right, baby. oh, sir. that is a customer. oh...sorry about that. [ male announcer ] break from the holiday stss. fedex office.

>> the big story this morning is a big name and you know it

and probably own it. apple had its worst trading day in four years and it's facing real competition from the samsung galaxy, its smart phone market in china is down, but perhaps more importantly, investors are selling, piling out, taking profits before the new year when the tax on profit goes up. if you have an american-based mutual fund, apple is probably in it. let's look at apple's stock price pre-market right now. i'm afraid ladies and gentlemen, we're down again and it's probably going to open $9 lower than yesterday. and nicole is on the floor of the new york stock exchange, and tell me, is anybody down there talking about apple at this price as a buying opportunity? >> 100%, everybody is talking about apple. when i'm talking to traders what they're seeing with apple when i talk to mark newton, and he says the momentum is lower and next couple of days, two, three days probably lower, but then that's

a buying opportunity. what what he said. he saw it as a buying opportunity. the highs were above $700 in september. stuart: yeah, september the 21st at 7:05. this morning, pre-market 520 now, down another $9 from yesterday's close. we'll have you back at opening bell. thank you very much. remember this controversial video we showed it to you yesterday from the california teachers union. it's a cartoon about the tax the rich debate and shows a rich person urinating on poor people, unbelievable. ed asner did the voice for it and he doesn't seem remorseful. watch this. >> remember the video? >> i don't remember a thing i said on t or a word i said on it. i agreed to do it for california teachers. i approve this message. >> okay. i think the most controversial part the people talking about, there's a part testiof it, talk things trickling down and rich people peeing on poor people. >> how disgusting, it should be

the reverse, do you have any money? >> yeah. >> can i piss on you? >> oh, dear. that was the producer, sean hannity show, catching up with mr. asner last night. and asner is performing in a show on broadway here in new york city. and we're following the apple story throughout today's program and right at the opening bell, a big name that you know and probbbly own, that's apple. what's it doing wrong? where will it open? pre-market, by the way, was down $9. below 530. buying opportunity? who knows. the opening bell though, that's next. can your hearing aid do this?

lyric can. lyric can. lyric can. lyric by phonak is the world's only 24/7, 100% invisible hearing device. it's tiny. t lyric's not just about what you can't see. it's about what it can do. lyric can be worn 24/7 for up to four months, without batty changes. incredibly easy to live with, lyric can be worn showering, sleeping and exercising. in fact, you might forget it's there at all. call for a risk--free trial. and you'll see lyric can also give you exceptionally clear, natural sound in quiet and noisy environments because of how it works with your ear's own anatom (testimonial section) (testimonial section)

(ttimonial section) did you know, 94% of people o use lyric would recommend lyric to a friend or loved one. can your hearing aido all this? lyric can. to learn more about lyric'sadva, call or visit trylyc.com for a risk--free 30--d trial offer. you'll also get a free informational dvd and brochure. why wait? hear today what a little lyric cacacan do for you. lyric from phonak. life is on.

>> thursday morning, there's one number out every morning at 8:30 eastern, unemployment claims, 370,000, that's a very high number. historically speaking. the big employment number tomorrow morning 8:30 eastern. to the big board, we are down 8 points in the very early going. the whole question though is where is apple going to open up this morning? well, we're 15 seconds into the trading day and apple has dropped another $11 a share. and we're down 6% yesterday and down 2% and now, 527.

that's the quote on apple as we open trading this morning. darden restaurants, owners of course of the olive garden chain. perhaps i was wrong, maybe charles payne was right. darden says it will hold off on cutting employee hours to save on obamacare costs. charles said they were doing it under pressure from the media. i said that i didn't agree with that, but nicole, the stock is-- >> the stock is lower. it's slightly lower this morning, but as you noted, they did a test in october to see whether or not putting some workers on pardon time status. this is a test to try to limit the costs they would face with the new u.s. health care law. based on this test they decided not to change any of their full-time staffing plans for 2014. stocks are slightly lower, don't forget they had terrible numbers, too. >> but they say it was based on their tests. >> right. stuart: some people say they're backing off because they got bad publicity when they started talking about putting people on

part-time work instead of full-time because of obamacare. >> you know what? some people would say that, stuart. stuart: charles said that, maybe he's right. and thank you, nicole. we're dead flat. down 1.69. let's not forget about the phantom pigs. zynga makers of farmville, may not be making enough money off the phantom pigs to keep investors happy. there's a reason to be optimistic, look at the stock, it's up this morning, after news that zynga is trying to get a gaming license out of nevada, that's where the real money is for zynga. it's hoping that a flood of proposed gambling regulations would open up an on-line market. and shares are down so far this year, but up a little bit today. there are the phantom pigs. back to apple. the reisn't stock price, a huge drop due mostly to the tax situation, that's my opinion, but there's also some serious

competition out there now. we have the ipad and the iphone, are they less cool? joining us is steven beck, a branding strategist with management consulting firm. cg 42. >> good to be here. stuart: is apple still cool in your branding opinion? >> the interesting thing. last time i was here we were mentioning research around the holiday season and i predicted they're going to be fine. stand by that pre dictionpredic there was an interesting undercurrent particularly around smart phones and tablet and the undercurrent was who was interested in buying? and who was interested in buying some of the competitive products, specifically products like samsung or kindle from palm son and there's an interesting age skew. older, more apple. >> you're kidding. >> younger, a little bit more other. stuart: older goes for apple, younger goes for other. samsung, kindle, really? >> they still had--

apple still had a strong position there, but what you saw was those brands bumping up from purchase consideration standpoint. stuart: what's that mean? >> well, when you look at what samsung is saying in communications and ads today. they're playing off on that. stuart: hold a second, i'm going to play the ad. we'll play the ad from samsung making fun of the the people who line up for the iphone. let's have a quick look at this. >> hey, the phone is going to be like a precious jewel. >> ooh, i love that. >> and the head phone jack is going to be on the bottom. >> i heard that-- >> what does it mean? >> who knows. stuart: okay, enough. it was a good ad. and i've got one more ad for the samsung galaxy 3. it caught our attention and let's see what you think. >> hey, daddy. >> bye, bye girls, love you. >> daddy, making a video for your trip. >> yeah, watch it on the airplane. >> okay. >> here you go. oh, thanks, girls.

>> yes. >> hey, i also made you a video. >> oh, so sweet. probably shouldn't watch it on the plane. stuart: that's disgusting. now, those ads, they're good ads, and they play to young people. are you telling me that samsungs of the world have stolen the coolness for young people? >> i'm saying what they're seeing is that there's-- anytime a company goes from being the upstart and the challenger to being the market leader, which apple has clearly done, a space opens up to come at them from underneath and to actually deposition them and that's exactly what samsung is attempting to do. and you can guarantee that they're looking at similar research that we're looking at which says if everyone has something, my parents have something, as i as a 18-year-old, 22-year-old. stuart: i got it. >> am i really going to look at that as also something for me. stuart: last question, i'm

running out of time, this is a good one. last time were you here, were you talking about the originality of apple's break through products. each step has been a true break through in terms of what it can do for the people who buy it. >> absolutely. stuart: now you've been talking about apple television and there's lots of talk in the industry that apple television, here is comes. in your judgment is that a break through, new generation consumer product? >> well, the current apple tv was always referred to as a hobby. all right? clearly the television experience is broken in the living room, right? it's bad technology, it's bad search, bad, just an overall old experience. 20, 30, 40, 50 years old in terms of the state of the art on that experience. if apple brings what they brought to the smart phone kg category, if they brought the tablet to the category, a winner. stuart: you don't know exactly what they're going to come out

with. >> exactly. stuart: steven, thank you for joining us, got to tell you that the apple market cap, the dollar value places on the company has just fallen below 500 billion dollars. cool for oldsters like me, but not for youngsters. steven, have yvery much. surprise, surprise, obama administration doubles down on green energy and find out how much the taxpayer will have to shell out this time around. and also new at 10, enough obamacare laws are starting to go into effect and for restaurants across the country. one new regulation that could cost businesses millions, again, that's coming up the top of the hour and it will be new at 10. something serious going on here, there are reports that syria is mixing chemical weapons and loading them into bombs. sarin gas is theeprecise weapons grade material they're talking about here. nbc news reports that the the syrian military is waiting for orders from president al-assad

to drop the bombs on its own civilians. the united states warned any use of chemical weapons would trigger western intervention. secretary of state hillary clinton meets russian diplomates and syria, chemical weapons, they will be discussed. and now to egypt. five people dead after huge protests in the streets of cairo and hurled rocks, fire bombs to protest morsi's seizure of near unrestricted powers and rush-through adoption of the quickly drafted constitution by the muslim brotherhood. five dead. just last night. four more of morsi's advisors have resigned. they blamed him for the violence. s very interesting. to nicole, safeway, is this the latest company to issue an early dividend, is that right? >> another day, another huge company beating up the dividend payout to beat the fiscal cliff and the higher tax rates on dividends, so, join safeway to over 170 companies, that's the latest number we've got from the

wall street journal, but i bet you it's even higher than that, so they join wal-mart and weight watchers and ethan allen just to name a few. >> i should be keeping track, it was 173 a couple of days ago, i've got to believe it's pushing 200 by now. i'll he get a number. >> yeah. imus: thank you very much. by the way, the dow is up 14 points and that's where we have it this thursday morning. time is money, 30 seconds, here is what else we've got for you today. two states vote to make marijuana real including for recreational use. and tommy chong will join us, and you never know what he's going to say. concussions, they're a serious issue for the nfl and its players of course, but it's a violent sport, football. and injuries are almost bound to happen. we'll talk to a former player who now advises the union on the concussion issue. and we'll talk to a chiropractor who will no longer accept insurance, cash only, because of

obamacare. all right. and it's thursday morning, so i've got your seven early movers, higher profits and men's warehouse down $3 at 28. disappointing from the hand bag maker vera bradley, never heard of it, but it's down. standard & poor's says it will add device maker garmin, and always good news, it's up. the profit at telecom equipment maker fell, but company says sales are improving. disappointing outlook for afina health. virtually no change. chip maker broadcom expects more money to come in, remember them in the 1990's, wow, what a company, not now medical device maker stryker, i live near their headquarters, it's down. the dow industrials up 22. carol roth, former investment banger and frequent "varney & company" guest gets attacked on

national television over her position on the second amendment. carol gets a chance to defend herself after the break. we'll be with us. ♪ >> playing peace on earth, as we read government cannot make man richer, but it can make man poorer. [ male announcer ] at scottrade, you won't just find us online, you'll ao find us in person, with dedicated support teams at over 500 branches nationwide. so when you call or visit, you can ask for a name you know. because personal service starts with a real person. [ rodger ] at scottrade, seven dollar trades are just the start. our support teams are nearby, ready to help. it's no wonder so many investors are saying... [ all ] i'm with scottrade.

now we need a little bit more... [ male announcer ] at humana, we understand the value of quality time and personal attention. which is why we are proud to partner with health care professionals who understand the difference that quality time with our members can make... that's a ry nice cake! ohh! [ giggles ] [ male announcer ] humana thanks the physicians, nurses, hospitals, pharmacists and other health professionals who helped us achieve the highest average star rating among national medicare companies...

and become the first and only national medicare advantage company to achieve a 5-star rating for a medicare plan... your efforts result in the quality of care and service we're able to provide... which means better health outcomes... and more quality time to share with the ones who matter most. i love you, grandma! [ male announcer ] humana. ♪ >> how many times have we had to say this at the beginning of trading each day. dead flat. the dow down 2. bob costas admits he made a mistake addressing half time during sunday night football and that he didn't have time to flesh out his thought properly. last night on bill o'reilly "the factor" he was given moore time. >> i thought it was self-evident

it was a domestic violence case, on retrospect i don't back up on anything i said. i think it might be more effective if i said look, if we're looking for perspective on this we're going to have a serious discussion within sports, ongoing, not five minutes of fully tears about it, but a discussion about domestic violence, about the culture of game itself. that would have been more effective and would have led to an understanding of what i was coming from. but i was talking about a gun culture, i never used the word second amendment. stuart: all right, interesting stuff and we're going to stay on the gun issue. a twitter war broke out over the second amendment. our next guest, carol roth went on piers morgan to hash out their differences face-to-face. >> what i don't expect is the interpretation of a lesson on the second amendment of the constitution which i think is being misused now to basically endorse everyone in america having an assault rifle. >> that is completely not true.

if he's somebody who wanted to kill somebody, there are plenty of weapons, including a fist, a car, a brick, a bomb that can do it. >> and rather hit by a-- >> and joining us know the aforementioned carol roth. and all right, fierpiers morgan give his proper name, didn't treat you very well. >> this all extends from a twitter war that sort of went viral so when i went on his show they stacked the deck against me and wouldn't get me get a word in edge-wise, so it's hard to make your point if you're not able to talk. at the end of the day, stuart, all i was doing was sticking up for second amendment rights. i didn't write the second amendment, but it's been there for a very long time and i certainly don't interpret it, but i am a strong believer and a strong supporter in it. and what's been completely amazing to me is all of the people who are supposedly anti-gun, that they have come and attacked me personally.

they've wished violence upon me and i just don't understand if you're against guns how you can be pro violence. stuart: i didn't know it had gotten to that extreme, that people had, not physically, but they'd attacked you personally. i didn't know that. but then. >> yes. stuart: if you put yourself into a very emotional debate, i guess that does happen in america today. what struck me is that piers morgan is an englishman, he comes over here, makes a lot of money and i don't think the man really understands america. i don't think he really gets to grips what america is all about and our constitution, for heaven's sake, i don't think the guy gets it, that's my opinion. you go. >> well, listen, piers and i have gone back and forth with many issues that pertain to america and that's how this whole thing started where i was simply trying to explain the intention behind the constitution, the fact that our rights to bear arms shall not be infringed upon and that's what i believe. so, it's a very spirited debate and i believe it's fine to

debate the issues, i believe we have to debate the issues, but we should keep it to the issues and the intention of the issues and not make it personal. and that's what i take offense. >> i don't think his left wing, right wing, i don't think it's conservative, liberal, i don't think it's that, i think it's about the constitution. that's what i think it's about. >> it's about the constitution, stuart, and it's also about personal responsibility and accountability and i think that that that's the challenge and dialog we're having from everything from the fiscal cliff and the government, to the second amendment, that nobody wants it take responsibility for their actions. they want to blame inanimate objects. they want to blame circumstances instead of the people and making people accountable for what they do. we have to solve the people problem, not the government problem. stuart: that responsibility is a conservative theme. is it not? carol, i'm running out of time. got to get to the gold report. see us again, soon. good. >> thanks, stuart. stuart: gold report.

1,690 an ounce, we're down 2 bucks. and darden reverses course on cutting back on employee hours and saving money on obamacare. i was wrong, charles was right. the food is not authentic italian cuisine, music for heaven's sake. ♪ charles and liz marching to war in the studio. ♪ ♪

♪ [ male announcer ] they are a glowing example of what it means to be the best. and at this special time of year, they shine even brighter. come to the winter event and get the mercedebenz you've always wished for, now for an exceptional price. [ santa ] ho, ho, ho, ho! [ male announcer ] lease a 2013 glk350 for $399 a month at your local rcedes-benz dealer.

>> i'm buyinggat 1,000%. this is the same media that got president obama elected and the same media that's now going to brow beat any business that goes against the agenda and i'm telling you right now, clarence otis, an obama backer, listen it's going to hurt us, we don't know to what degree, but the negative media darden, because we have to accommodate health care it's going to impact our bottom line. stuart: charles payne yesterday. this morning, darden has backed off, they have reversed course. they're not going to employ a lot more part-time people because of obamacare. they have backed off. liz mcdonald, did they back off because of media and public pressure? >> yes, for the most part, yes. the problem is that the media

coverages, they're not reporting that darden and other restaurants like it can no longer offer the health insurance plans they were offering. they've got a lot of of turnover and half the work force quit because health reform outlaws the so-called mini-med plan. and the other issue, too, now we've got an environment where ceo's cannot speak up about the impact of health reform and bottom line and jobs when we've got treasury secretary tim geithner overseer of spending and protector of the u.s. dollar now threatening that we will go over the fiscal cliff. there's such a huge disconnect here, there's no backlash really about that, but there's backlash against ceo's speaking out. stuart: i can see that it. you're right, charles, take a victory lap. they've backed off. charles: this is not the kind of thing that you want a victory lap on. it's scary and i first thing you see is 2012 communities service report and the next thing on sustainability and another piece, 100 best companies to work for. you wouldn't know it's a

restaurant company. these companies are bending over backwards to appease the media and the white house's agenda. stuarr: all right, charles, a victory lap. and everybody we've got two new at ten stories and both cost a whole lot of money of the first, the department of energy spending 120 million dollars for an electric battery research facility. and how this administration's track record on green energy investments is your money by the way. second, fast fooddchains forced to put calorie counts on their menus under obamacare, that's going to cost a whole lot of money and there's a big pizza chain already balking at it. those two stories new at 10 next. [ male announcer ] whereo you turn for leg matters?

at legalzoom, we've created a better place to handle your legal needs. maybe you have questions about incorporating a business you'd like to start. or questions aboutrotecting your family with a will or living trust. and you'd like to find the right attorney to help guide you along, answer any questions and offer advice. with a"a" rating from e better businesbureau legalzoom helps you get personalid and affordable legal protection. in most states, a legal plan attorney iavailable with every personalized document to answer any questions.

get started at legalzoom.com today. and now you're protected.

♪ stuart: new at 10:00, the obama administration keep on spending your money. $120 million for an electric battery research facility outside chicago. this from the san department of energy that brought you winners like solyndra. plus, a new obamacare rule has fast-food chain scrambling to comply. they have to put calorie counts on their menus, costing millions and millions of dollars. like domino's pizza. how can we do that? we have 303 million possible varieties of pizza. our thursday morning. those with the town of this year. charles, nicole petallides is there on the floor the new york stock exchange.

the big board. 3 percent. that is the rate on 30 year fixed-rate mortgages. the dow is down 11. now this. apple, that is the stock of the day. i want to check it chemical, because i think it does come back, its $11 loss. >> reporter: at antelope. not too far off that unchains line. buying an apple back. not necessarily this morning. it looks like some people did that. stuart: down today, but not that much at this moment. i say this stock is down because people are selling to take that profit this year at a lower profit tax rate and there will be in place next year. you say what? >> that is probably one of the reasons. there is also just some worry that maybe apple has lost its competitive edge in there are

some technical reasons. a whole variety of reasons. selling began selling. sometimes it becomes a proverbial snowball. stuart: most of our viewers, anyone with money in mutual fund would be feeling this because most mutual funds would have little apple in them. >> ado about a dozen portfolio reviews a week. every find, i don't care what the name is, it has ample and there..3 everyone is holding apple watching this right now. stuart: does that report came out, late yesterday, showing that apple is now number six on the smart phone list in china. number six commanded has less than a 10% market share. that's bad. stuart: ten cut is under the gun right now. the whole steve jobs, that shadow, the positive shell has faded away.

stuart: anything to add? >> they agree with everything you just said. stuart: excellent. like there not you are investing in electric batteries for cars. department of energy is putting 120 million into the battery research center. at a place called argon national lab outside chicago. the goal is to make better, cheaper batteries for electric cars. let's hope it works better than the investment in a one to two systems. $250 million. now it's in bankruptcy being auctioned off. the chinese company could buy it. don't forget the biggest dream best of all time. 35 million. your money down the tubes. waving frantically. >> the deal is they want to put this in chicago. this battery facility. staffed by a lot of aaademics. brown emanuel has been at the press conference. democratic senator. why not put it in detroit.

when i put it in silicon valley where you had the sharpest guys. stuart: is in it there already? is in it there already? >> boosted by academics from mobile universities. i would say if you want to help out beleaguered detroit are really get it going than you do it also and silicon valley where the smart guys are more just rely on china. stuart: maybe you don't have the government do it at all. maybe. >> they're going to get this done. 38 miles. tesla goes 265 miles. that's the reason tesla stock is moving higher. here is what this really is. this is was gives me most. someone called it in the manhattan project. are you serious? the manhattan project was the war of all wars. to our be at war against right now if it's not a war against capitalism. if i am developing battery technology not only is the

government my competition, but they get the right as well. this is absolutely insane. and 100 million, i'm predicting it already. a lot of money for taxpayers. in the grand scheme of things revolutionize the sort of technology is collecting billions. it's a payoff to the sky of people. stuart: to gile and then. you know you have a i'm going to call fiscal cliff fatigue. and then to address that issue. with the deal that involves raising tax rates president obama is ready over the cliff. joining as well, congresswoman martian blackwell. if given a choice would you take no deal of fall and over the cliff or you take a deal that includes higher tax rates on the rich?

>> to raise tax rates on anybody is the wrong step. what we have said for a long time is cut the spending. look at revenue. stuart: i have today on this. would you absolutely positively say no, i will not vote for raising tax rates on the rich. i would rather go over the fiscal cliff. >> i don't want to go over the fiscal cliff, but i am not for raising the tax rates. you are not getting to the heart of the problem. it is continuing to sweep of the rock. stuart: you may come to a point where that is the twisted your facing. if he don't say yes on raising tax rates we will go over the cliff. when the going to do if push comes to shove at the very end of this month. >> and what we're trying to do them all we have been trying to do for years is to not come to this point.

had we been addressing the need for a pro-growth agenda so that we could be growing in our way out a part of this problem, had we been addressing appropriate spending cuts, the reforms that were necessary. to just say let's raise the rates, you raise enough. you only raise enough money to cover eight days of federal spending. stuart: what are you going to do? if that's the choice that you face you have to say yes or no. yes, i raise tax rates on the rich or no will not. >> you don't raise tax rates which. stuart: you would love no. and started to push like this. you wouldn't know. >> in not addressing the problem stuart: even though it wishes us over the cliff.

>> i would vote no because it does not address the problem. the president is the driver in shea. stuart: i'm sorry. i hate to be like this. i'm being obnoxious i know it, but he would vote no . i will not vote for higher tax rates, even if you knew for absolute certainty that pushes aside with a cleft. >> yes. i would vote no for higher tax rates because our children and grandchildren deserve better. stuart: they agree. >> this is a generational issue. stuart: still obnoxious. we use in any way compromise? for example, would you vote yes on the tax rate increase to 37% on upper income murders to wrap up 39, 37. would you vote yes on that?

>> that is not something on the table. we haven't seen is a willingness to address spending, and you have to be able to cut spending. you have to be able to reform the way these entitlement programs and our trust funds a working. until you do that, and it has to be a mature discussion of putting these things on the table. justice ever going to go raise the rates and solve the problems is foolhardy. stuart: a little late parental long-term conversation. >> to say -- this is what they will end up happening. what we may see is a status quo extension that extends the tax rates and the bush tax cuts. stuart: the president says he won't do with.

>> marry a but the continuing resolution we already passed and then come back in january and work long term. stuart: gosar have with badgering. i apologize. you answer the question, and we love that. think you're much back to nicole. ms. wells, a loser, and i want to know why. >> reporter: is a loser, down about 7%, coming out with same-store sales numbers of a disappointing. the guidance for the year is below the analysts' estimates, not a good day. the stock is down $2.31. it to report a thirddquarter jump in profit of 22%. same-store sales slipping in the u.s. and canada, not could news. stuart: they really hit you. a nasty a look in down it goes. >> reporter: went there recently to read a couple of tuxedos, and it was not cheap. it was quite expensive.

stuart: you can get away with that. how all of the boys? >> reporter: can remember how much. stuart: you can't remember how much? >> it was too much. stuart: i should be the obnoxious again and really push harder. and not going to do it. >> reporter: error number roughly how much. it was too much. stuart: i won't do it to you. thank you. washington state and colorado bill to legalize marijuana for recreational use, but the feds say not so fast. tommy chong to as the company later this hour. does he think federal agents will intervene? another obama carry current forces chain restaurants to post calorie counts on their menus. that will cost the chain like tom as billions of dollars. the company ceo says, there are

303 million ways serious, 303 million ways to sell a domino's pizza. coming of the way to put calories and a menu for 303 million varieties is a little difficult to read what you make of this? >> news flash, pizza has a lot of calories. you can find this information out on google. anybody who is dying like to try to knows about calories. what did they have to posted in the restaurant? you can easily get that information elsewhere. stuart: why is this requirement in obamacare? what has the killer accountant to do with my health care delivery system? >> this might be an attempt to preventive medicine. stuart: that's your rationale? that's all you have to say? >> a drop in the bucket to what

you're asking me to put myself in the obama administration shoes. >> this is what makes my head off like a bottle rocket. we should be focusing on the fontana of the structure, not nanny state junk forcing restaurant chains to post calories. stuart: that's the best answer. i had been in restaurants where the calories in each dish is noted. i have altered what i order based on the calorie count. i found a useful. stuart: the information about the to being fattening given to you by the government? stuart: and just trying to raise some mild objections. let me escape. that includes private practice doctors. after the break, a chiropractor

and return this staff and stops taking any insurance all because of obamacare. it's a new day. if you're a man with low testosterone, you should know that axiron isis here. the only underarm trtment for low t. that's right, the one you apply to the underarm. axiron is not for use in women or anyone younger than 18. axiron can transfer to others through direct contact. women, especially those who are or who may become pregnant, and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in bodhair or increased acnen women may occur. report these signsnd symptoms to your doctor if they occur. tell your doctor about all medical conditions and medications. do not use if you have prostate or breast cancer. seriouside effects could include increased risk of prostate cancer;

worsening prostate symptoms; decreased sperm count; ankle, feet, or body swelling; enlarged or painful breas; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headachediarrhea, vomiting, and increase in psa. see your doctor, and for a 30-day free trial, go to axiron.com. stuart: more company moving around their dividends to say shareholders' money. safeway will pay its regular dividend on new year's eve. same story.

pay january the seventh. they're doing on december december 208th. the shareholder money on taxes. it seriouu satellite radio going to pay a special one time dividend of $0.5 and buy back 2 billion. the jersey when he picked the perfect came to the yankees' 1956, it sold for $706,000. to going to use the money to put his grandkids to college. for coming back in 90 seconds talking to a doctor him stop taking insurance because of all the obamacare. ninety seconds.

is what drives us to broadcast the world's biggest events in 3d, or live to your seat high above the atlantic ocean. it's what drives us to create eco-friendly race tracks, batteries that power tomorrow's cars, nearndestructible laptops, and the sustainable smart towns of the future.

at panasonic, we're driven to make what matters most better. just another way we're engineering a better world for you. stuart: headlines. nicole petallides rejoice. stomachs is planning to open 1500 more stores in the united states in the next five years. also planning to extend overseas making china the second biggest market in the world. this might indicate the company to be making a turnaround at the closing to percent of its u.s. to respect in the late. obamacare is going to hurt both doctors large and big businesses. our next guest is a small -- a doctor and not read the small business. sorry about that makes up. you are a doctor, chiropractor, and you operator chiropractic office like a small business. >> yeah that right. stuart: you're going to stop taking any kind of insurance.

you want cash only. >> the thing is, i decided to start a 1-1 i realize that the bureaucracy was trying to tell me how the practice. but terry is when they come and pay for a service that deserve the best. the reservoir on the percentage you. if i have to talk to somebody about how i treat them and i commend you for it. unlike with your doing. if your clients are paying hard-earned money to see me 90100 percent of me. i sent to a five page letter firing the insurance companies. if you want to change things i love to come back . stuart: the case of if you take a patient and you take their insurance coverage you have to go fill out a whole bunch of

forms and talk to that payment -- patient in a particular way to explain when you doing to comply with insurance company rules. >> absolutely, but the thing is what doctors do, and you don't hear this, but doctors in of workers getting turning letters. i saved copies. stuart: what do you mean by threatening letters. >> was set for lower back, ou get to treat the seven visits per a . it does not matter whether there were lifting a pool table or bending over and depression the teeth. seven visits. if you go for this in your letter that says, we have seen the data and you're going over. we have to put an end to this. so even in your mind you say to my need to see this person at least another two weeks, a lot of doctors are discharging patients. stuart: does obamacare make them worse? >> of mesa's worse. no doubt. stuart: out jack.

>> if you don't do what you know is right you don't have results. stuart: how? jack. if you don't have results to lose patience. a lot of my peers said there was professional suicide for me a fire insurance companies. you have to be in the books for people to find you. my comment was, no, you have to exaltations, demopolis to them. but have to say to my practice quadrupled after i went cash. stuart: i don't know whether you can answer is, but how much for a visit if i want to, a cracked. >> cash prices are $40 per visit. you cannot fix prices. wherever we get to, that's what we charge. stuart: crack linebacker would never command its $40. that's it tonight. stuart: well what our results were of?

>> i don't care about that. i want to know about the money. did you reduce the price by going on cash? >> no. we have such simple billing. is the same price. stern spent is not your price down, so it's better to be cash. you come back to the office until so good about yourself. you been to a doctor who you know does not want to be their choice. a lot of these doctors are sick and tired of the insurance company. stuart: interesting. we appreciate your being with us. very interesting. that's not bad. thank you very much. commences again. i am going to reveal something about myself. how i feel about tattoos. to say they're not one of my favorite things is a huge understatement. that's next. ♪ i always wait until the last minute.

can i still ship a gift in time r christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for ristmas delivery. now we need a little bit more... [ male announcer ] at humana, we understand

the vue of quality time and personal attention. which is why we are proud to partner with health care pressionals w understand e difference that quality time with our members can make... that's a very nice cake! ohh! [ giggles ] [ male announcer ] humana thanks the physicians, nurses, hospitals, pharmacists and other health professionals who helped us achieve the highest average star rating among national medicare compani... and become the first and only national medicare advantage company achieve a 5-star rating for a medicare plan... your efforts result in the quality of ce and service we're able to provide... which means better heah outcomes... and more quality time to share with thenes who matter most. i lovyou, grandma! [ male announcer ] humana. ♪

>> all the people who are supposedly anti-gun, they have come and attack me personally. they have worse violence upon me . i don't understand if you are against us how you can be pro that. stuart: that was an hour last hour, discussing dozen the constitution. remember to tune in weekday mornings. check the market real fast. a five day to my down 11 to my downtown. i do want to go back to nicole. we just reported that starbucks is down 1500 more coffee shops in the united states of america. i'm sure that the tip your interest. stuart: and it will be 3,000. talk about the expansion and plans for the people. i want to show you what i bought today. there was $9.54. stuart: that is pathetic. that is disgraceful. >> reporter: this is my meal.

you bought a bottle of water? >> where am i going to get water? stuart: is $0.20 of the supermarket. bring it with you. >> it's not $0.20. and by water at the supermarket. two big bottles with reebok's sometimes. stuart: they were in my year, so i missed it. new york city water is the best of the world. new york city water comes from streams which passed through my property in upstate new york. the water is pristine. dole's bill that coffee. that's $9. >> i'm going to do 30 his today. and need to be well decaffeinated. stuart: said he had one of those $7 cuffe's? aha. >> not yet. stuart: legalize pot. a great show today. people lighting up without fear of punishment.

he joins the company. lamar states joined kara and washington? will federal agents moved in and make arrests? that's coming up in just a few minutes. i think we have all of the fiscal cliff to death. fiscal could fatigue. fed up with tooling politicians. the holidays are upon us. so i am going to pass judgment on something entirely different. i'm going off the financial reservation. here is my take on tattoos. i hate them. i am contentious of them. they don't decorate the human body, the pilot. those judges should jump on the bandwagon are at best misguided. do you really think the 20 years from now you will still love sally heard johnnie? because that name is still buying to be on your arm or your back or ross you decide but it.

i remember being in a whole food store. she was 20 at most. she was wearing a look at top from 20 yards away you could read the tattoo that spread all across her chest. it read begin. huge global letters. it will never go away. whether or not she ever it's a stake or eight again. why mark yourself alive tonight why put an ugly blotch understand? by the way, over time most tattoos eventually start to look like a bruise. for some reason the urge to markers of has become fashionable on last 45 years, but i think that fashion has run its course. there must be a lot of people who would now love to get that ugly mark off. here's a business opportunity. , but the guaranteed tattoo removal technology and open a chain of tattoo removal parlors a sure-fire winner. i hate those things. ...so as you can seeico's customer satisfaction is at 97%.

mmmm tasty. and cut! very good. people are always asking me how we make these geico adverts. so we're taking you behind the scenes. this coffee cup, for example, is computer animated. it's not real. geico's customer satisfaction is quite real though. this comter-animated coffee tastes dreadful. geico. 15 minutes could save you 15 % or more on car insurance. someone get me a latte will ya, please?

ritter is mike reagan when you really need him? according to a new study high-income earners in the formerly golden state of california paid highest marginal tax rate, nearly 52%. that will happen if the president and congress fail to make a deal. breaking news from the wall street journal. dan henninger error, frequent

"varney and company" guest, reporting south carolina senator jim demand will leave the senate to run the heritage foundation. dan henninger ridge joins dagen mcdowell and connell mcshane in the next hour. the nfl, most popular, football is the most popular sport and a hugely profitable business. $9 billion a year revenue. there's a big problem. it simply is end up with long-term health problems, concussions, a huge problem, repeated blows to the head. joining us is a former tight end in the league who suffered one concussion during his playing days and our advices the union on player save the. welcome to the program. this is a difficult subject and i am glad you are here to address it for as. my position is this. i am and englishmen and don't know beans about american football but nonetheless i watched it, i have seen it for 40 years. is clearly a violent sport. these kinds of injuries, it is

going to happen regardless. it is going to happen. i put it to you short of really changing the nature of the game there's nothing you can do about it. >> you might be on a point. the reality is this is a collision sport. it is a sport where you have men trying to physically dominate one another so collisions are going to happen. i do believe we are doing a lot of good things to mitigate the risks of concussions in the game. you see the changes in the way what they want people to be tackled and want players to not attack the head of the opponent, particularly if there's a guy you consider unprotected or unsuspecting. these changes are happening and in the way we practice the game and the new collective bargaining agreement we made incredible strides in the way we changed. stuart: what about the idea you get rid of helmets because that would change the way people tackle each other. not going to happen?

>> not going to happen. the nature of the game the helmets do what they meant to do which is prevent skull fractures and lacerations. [talking over each other] >> we had people there ridge line on the football field. stuart: hold on a second. [talking over each other] stuart: can this man here me? can you hear me? here is my point. rugby is a violent sport. there is no helmet in rugby and they don't tackle people bought the head. why don't you get rid of the helmet and change the way people tackle each other. >> are you telling me they have no concussion issues in rugby? [talking over each other] stuart: hold on a second. [talking over each other] stuart: when you're going to have concussions. a few by changing the rules and changing the head gear. >> that is a little over -- we won't change the head gear but we change the way we are

attacking one another and hitting one another and the reality is it is not always the concussion they have to realize. you can diagnose and treat it. the big thing is we are attacking what we would consider conclusive blows and that is thousands of times you're tapping your helmet against another opponent for player or sled so we made huge strides in that arianna and the way we work in the off-season and training camp and even during this season so we put things in place and as we continue to learn more if the players association and the league combined are willing to do things and make changes to make the game save for. stuart: we hear you and thank you for joining us this morning. thank you, appreciate it. legalized recreational marijuana in colorado and washington state. no worry of arrests but don't tell that to the fed's. they still say it is illegal. tommy chong after the break is a stranger to the weed. we get his take on it next. [ m] this is steve.

he loves risk. but whether he's climbing everest, scuba diving the great barriereef with sharks, or jumping into the marke he goes with people he trusts, which is why he trades with a company that doesn't nickel and dime him with hidden fees. so he n worry about other things, like what the mket is doing and being ready, no tter what happen which isn't rocket science. it's just common sense, from td ameritrade.

stuart: we have our eyes on avalanche the stock this morning, it is now up after a huge drop yesterday. a lot at stake here. lot of people trying to avoid a tax bite next year. reports about apple losing market share, in the smart phone area in china and as charles said, once the stock goes down

other people start selling making it fall even worse. it has been turned around and is now up $4. it was down $11 half an hour ago. the dow jones industrial average is pretty flat. it is up five points. it is because of the fiscal cliff, not because of the fiscal cliff, the fiscal clip could be play no role in this whatsoever. move on. fory's 30 mortgage rate rising to 3.34% and senator jim demint beating the senate to lead the heritage foundation. back in a moment. i ed to rethink the core of my portfolio. what i really need is sleep. introducing the ishares core, building blocks for the heart of your portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares bylackrock. call 1-800-ishes for a prosctus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal.

every human being is unique. and there is one store that recognizes it. the sleep nuer store. the only place in the world you'll find the extraordinarily comfortable sleep number experience. an exclusive collection of innovations that totally individualize your sleep. perfectly comfortable pillows that adjust to your size and shape. temperature-balancing bedding. dual warmth comforters. all designed around the sleenumber beda bed with dual-air technology thatllows you to adjust to the support your body nee. each of your bodies. in the name of human individuality: the sleep number collection. discover how our sleep professionals can individualize your sleep experience. exclusively at one of our 400 sleep number stores nationwide. eep nuer. comfort individualized. this holiday sean, give the gift that's magical: the innovative airfit adjustable pillow at special 30% savings.

stuart: let's check with nicole petallides on saveway. they are paying early dividends again. nicole: they join 200 companies, definitely over 170 companies are accelerating the dividend payout and they will be paying out december 31st and doing so in order to avoid higher tax rates to shareholders. that is what these companies have to do and are forced to do. walmart was one of the first to do it but they are basically trying to show shareholders that here is the dividend now because net later you will pay more taxes. align surprise more companies haven't done it and there's a sudden rush in the next few days. maybe we will see that. nicole: the ones who have been targeting penalize. wasn't it the gap that said they are not doing it? stuart: did they come out and did they make that statement? nicole: they were penalized a couple days ago for not doing it

and obviously it seems it would be so easy. another company took a loan in order to do it. stuart: i am waiting for microsoft. i am saying it before you make a joke of it. back to you. thank you very much. the justice department says under federal law marijuana is still illegal in the united states but as of today, that is today, people in washington say you can smoke if you want to. voters in the state approved a ballot initiative last month that decriminalizes possessing a house of weed. joining us is charlie tongue who hosts a weekly pod cast about legal issues and cultural impact of marijuana called the tongue and jog show. welcome back. >> thank you for having me. stuart: why do you think the fed with president obama in a second term, why are the fed is going after legalized week in washington state for any reason you want to smoke it? why the fed under obama?

why are they doing that? >> they are in a panic mode. their world is crumbling and they don't know what to do. they don't have direction. they want to keep it, they want to keep it illegal for various reasons. so they keep the funding coming. [talking over each other] stuart: the administration has become very liberal on the issue of gay marriage and abortion and free contraception. social issues, this is a presidency that has moved away towards the liberal position but not on marijuana. they are still going to stop it. they closed down medical marijuana facilities in california. i don't get it. you are telling me this is all about money and funding? keep the money flowing? >> yes. like the end of a war. this is the war on drugs that is ending and like all wars they are hard -- the sponsors, got a

lot of people invested in to the war on drugs and now that it is ending they are in a panic. i want to see america which is like a giant prison right now, with the laws that we have, so i was in prison and it is the same thing that happened in prison. certain things have become illegal and certain things, then there is demand for those illegal things. stuart: let me turn this around. suppose i am an employer, i am in washington state and i have my people operating heavy equipment, big diggers or what have you. the law says those employers on their free time can go out and get stonnd. they come to work, it is still in their system and they have an accident with a big heavy equipment, who gets sued? i am the employer. i am going to get sued.

>> what you are saying, you are assuming it is because of the marijuana. the truth is -- stuart: the court will assume that. the lawyers will assume you got weed in your system and that is the problem. >> the thing is if you had any idea how many heavy equipment operators have stuff in your system you wouldn't fly a plane or ride a train. everybody -- the great thing about marijuana is you cannot parade not wholly operate in a safe manner but in a lot of cases you operate better. stuart: hold on a second. you are telling me that if i am dead straight cold sober i am not as good a driver of my car as it i were stoned? are you telling me that? >> i am telling you they did a test in toronto years ago whereo

they put pot heads against rate people in a driving test and guess who won? the pot heads won. it enhances your ability to do a lot of things. why do you think golfers for instance smoke on the course all the time? it improves their game. stuart: professional -- i imagine -- >> yes. every golfer. almost every golfer. go on the golf course, that is one smell you can recognize, the smell of grass. stuart: hold on a second. what proportion of american adults, what do you think of proportion is? what proportion? >> i have no idea. i would say could ten people in a room i would say at least seven out of ten. stuart: seven of ten? 700, you are smiling, you are

smiling. you think -- do you really think that? >> what margin did obama won by? stuart: what does that have to do with it? >> who voted for obama? who voted for obama? stuart: 52%. >> pas heads. there is your figure. stuart: next, the last question, where do you think we're going with this? how long will it be before marijuana is illegal at the federal level and all across all the states? i say 30 years away. >> i would say by the end of president obama's term. all he has to do is rescheduled the drug, an executive order like nixon did to create the d e a obama can survive an executive order holding the dea into the tobacco people and is over.

stuart: that is very interesting. are used don't right now? >> i am stoned all the time. stuart: do you think -- i won't go there. [talking over each other] don't even speculate. >> i can hear in your voice that you smoke. stuart: i do not. [laughter] >> i can hear that you smoke. i can tell. >> to blow any money -- [talking over each other] >> this is one for the highlight reel. right to the highlight reel. stuart: tommy chong, crazy, thank you very much indeed. out of this. liz: right to the highlight reel. stuart: time for the tees, the commercial is next and then the highlight reel is something else. let's go. impact life expectancy in the u.s.,

real estate in hong kong, andnd the optics industry in germany? at t. rowe price, we unrstand the connections of a colex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefull before investing.

stuart: ed asner does not seem party -- sorry about a cartoon he voiced for the california teachers' union showing a rich guy urinating on poor people. producer sean hannity asked about it. >> you remember the video? >> they agreed to do it.

i approve this message. >> the most controversial, talk about things trickling down like ridge people peeing on poor people. >> should be reversed. >> you don't remember -- >> you have any money? stuart: isn't that cute? charles have a reaction to ed asner. charles: should had the initiative and with tommy chong in the last bit. he was really slurring his words. he is one of these guys who is proud of his handiwork i don't care what it is and he proved it. it is pretty despicable. stuart: a rich man like him -- charles: who benefited from being in this country to have such animosity toward the country always baffled me. stuart: to be so divisive. [talking over each other] liz: the cartoon he animated -- stuart: imagine that cartoon

might appear in a classroom in california. entirely possible, isn't it? charles: someone would see it on youtube. kids will see this cartoon. stuart: maybe we should not be promoting yet but it was so outrageous -- liz: misguided and misinformed and misleading people all across the country. the contents of that video, does not have the facts and is misleading the issues. stuart: hats off her sean handy for going after him doing what he was doing and the highlight reel is next. hi, i'm phil mickelson.

i've been fortune to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel. enbrel can help relieve painstfness, and stop joint damage. because enbrel, etanercept, suppresses your immune system, it may lower your abilityty to fight infections. serious, sometimes fatal events

including infections, tuberculosis, lymphoma,ther canrs, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, havead hepatit b, ve been treated for heart failure, or if, whilen enbrel, you experice persistent fever, bruising, bleeding, or paleness. [ phil ] get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ doctor ] enbrel, the number one biolog medicine prescribed by rheumatologists. the two here it is. the highlight reel. >> i can hear in your voice that you smoke. [ laughter ] stuart: i do not.

[talking over each other] >> this is one for the highlight reel. right to the highlight reel. stuart: no. god knows what he will say next. why were you laughing so vigorously there, charles? charles: this guy has a real good radar for finding fellow potheads. [ laughter ] not that he is always right. varney shall be known here on after as stony. stuart: why did you say i am so cheap that i would not buy the stuff? >> you would not spend any money on a joint. stuart: don't you know the benefits of being